VANAJA Vs. S.SANKARA NARAYANAN

JUDGEMENT

(1.) The appellant preferred a complaint before the learned Judicial Magistrate No.III, Nagercoil. The said complaint was dismissed on 02.05.2007. Therefore, the complainant has preferred the present appeal against acquittal.

(2.) The case of the prosecution is that the respondent borrowed a sum of Rs.2,00,000/- (Rupees Two Lakhs only) from the complainant on 09.05.2005 for her family expenses for which he issued a post dated cheque dated 09.07.2005 bearing cheque No.973157 for a sum of Rs.2,00,000/- (Rupees Two Lakhs only). The said cheque was presented by the appellant on 21.07.2005 and the cheque was returned as 'insufficient funds'. Therefore, she issued a notice on 23.07.2005 and after receiving the notice, the respondent sent a reply on 10.08.2005. Since the respondent did not repay the amount as demanded in her statuatory notice, she filed a private complaint under Section 200 of C.P.C., for the offence under Section 138 of Negotiable Instruments Act before the learned Judicial Magistrate No.III, Nagercoil against the respondent. The learned Judicial Magistrate after taking complaint on file and after completing the procedural formalities and enquiry, found the appellant has not proved the case beyond the reasonable doubt and hence, dismissed complaint acquitting the accused. Aggrieved over the acquittal rendered by the trial Court, the appellant has preferred the present appeal.

(3.) The case of the appellant is that the respondent borrowed a sum of Rs.2,00,000/- (Rupees Two Lakhs only) on 09.05.2005. For the repayment of the said amount, the respondent gave a post dated cheque dated 09.05.2005 and when the cheque was presented for collection, the same was returned as 'insufficient funds'. Subsequently the appellant issued notice and after that she filed the complaint.